Prez of FBI Agents Association Fires Off Letter Opposing Law Requiring Mandatroy Military Custody in Terrorists
Konrad Motyka, president of the FBI Agents Association, wrote this Dec. 7 letter to members of the Senate Armed Services Committee. He wrote the letter stating the association’s opposition to a proposed law that would require mandatory military custody for someone captured who is suspected of being a member of al Qaeda or its affiliate and is involved in plotting or carrying out terrorist acts against the U.S. FBI Director Robert S. Mueller III has also fired off a letter to lawmakers stating his opposition to the law.
Dec. 7, 2011
Dear Chairmen and Ranking Members
On behalf of the more than 12,000 active duty and retired FBI Agents who are members of the FBI Agents Association (“FBIAA”), I write today to express our concerns about Section 1032 of S. 1867, the National Defense Act for Fiscal Year 2012.
Section 1032 requires that persons detained in connection with incidents of terrorism be held in military Custody and leaves Critical operational details unresolved, Like many in the federal law enforcement and intelligence communities, the FBIAA is concerned that this language undermines the ability of our counterte1’1’01′ism experts to conduct effective investigations.
Accordingly, we urge the conferees working to reconcile H.R. 1540 and S. 1867 through the conference process to reject Section 1032.
Section 1032 establishes a presumption for military custody for individuals detained in connection with acts of terrorism against the United States. While Section 1032 includes some exceptions and waivers to the military custody requirement, they are limited in scope and could create additional layers of bureaucracy at critical points in our investigations. lnjecting this level of uncertainty and delay into terrorism investigations could undermine law enforcement effectiveness.
To truly fight terrorism, all of the nation’s law enforcement assets should be deployed and enabled to act nimbly. This can only be accomplished if our laws preserve flexibility and prevent unnecessary bureaucracy from hampering law enforcement activities.
As part of the nation’s Counterterrorism strategy, FBI Agents work in the United States and abroad as an integral part of the intelligence-gathering and interrogation process.